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HomeMy WebLinkAboutOrdinances Book 12, Page 424, No Resolution Number424 A RESOLUTION DIRECTING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A FIRE STATION ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF 12TH AND BURNETT STREETS AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID BIDS SHALL BE ADVERTISED AND PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE CONTRACT OF CONSTRUCTION SHALL BE RADE; PROVIDING FOR A BOND TO BE EXECUTED BY THE CONTRACTOR BE IT RESOLVED BY THE BOARD OF COI;U:ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City*Manager of the City of Paducah is hereby authorized and directed to advertise for bids from contractors for the building of a fire station, together with driveways and other appurtenances in accordance with approved Plans and Specifidations prepared by G. Anthony Johnston, Architectural En ineer, and filed with and approved by the Board of Commissioners on June 19, 1951, said Plans and Specifications being made a part of this resolution by reference; and that said bids for the construction of said fire station shall be for the perfor- mance of the entire construction provided for in said Plans and Specifications, same being available to prospective bidders for inspection at the office of the City Manager during the period for receiving bids as provided for herein. Sealed bids will be received by the City Manager at his office in the City Hall up to 11:00 A.M. on the 7th day of July, 1951 and the bidders must submit their proposals on the form to be furnished by the City of Paducah, Kentucky, copies of said form being available at the office of the City Manager. SECTION 2. The successful bidder will be required to ented into a contract with the City of Paducah, Kentucky, upon acceptance of his bid and upon notificat that said bid has been accepted by said city, said contract and agreement being in words and figures as follows: "THIS CONTRACT made and concluded this day of 1951, by and between the City of Paducah, Kentucky, a municipal corporation, hereinafter called the "City", party of the first part, and , hereinaft called the'"Contractor", party of the second part: 41 I T N E S S E T H : That the party of the second part has agreed, and by these presents does agree, with the City, for the consideratio n of a contract bid of which has been accepted by said City and under penalty expressed in a certain bond herein annexed, to construct a fire station on property owned by the City of Paducah, Kentucky, located at the nprthwest corner of 12th and Burnett Streets 01 in said city, said property fronting 135 feet on 12th street and fronting 129.4 feet on Burnett Street, as shwon .in the Plans and Specififations prepared by G. Anthony Johnston, Architectural Engineer, which are filed with the City Engineer, consisting of a building, driveway, appurtenances and all work described and indicated on the aforesaid Plamd and Specifications, it being agreed that said Plans and Specifications are made a part of this contract by reference and saiVe are binding upon the parties hereto. 1:25 The following general contract stipulations are agreed to by the parties hereto: (1) It is agreed by and between the parties to this agreement that local labor shall be employed on the work when it can be secured at the same price and of the same quality as other labor. (2) No variations fronq the regular price in the proposal or bid which has heretofore been submitted by the contractor and approved by the City will be allowed. I (3) The Contractor shall have charge pf and be responsible for the entire improvement for which construction he has contracted until its completion and acceptance. (y.) The City of Paducah having employed the services of G. Anthony Johnston, as architectural engineer, it is agreed that the Contractor will cooperate with said Architectural Engineer and that his work may be inspected at any and all times by said Architectural Engineer who shall also advise said Contractor in regard to the li interpretation of the Plans and Specifications and who shall represent the City of Paducah along with such other city employees that may also be designated by the City Manager for the purpose of inspecting said work-; (5) The Contractor shall procure all necessgry licenses and permits and he shall conform to all Federal, State and local laws and regulations and ordinances with regard to labor, hours of work and his general operation. No Sunday work will be permitted except in case of great emergency and then only with the written consen of the City Manager and to such extent as he may judge to be necessary. It is expressly understood and agreed that regardless of the inspections by the Architec- tural Engineer or by such other authorized representatives of the City of Paducah, that the Contractor shall be responsible for the result of all work performed by h whether inspected by or directed by -the Architectural Engineer or any other repre- sentative of the City. (6) LIABILITY POLICY TO BE FURNISHED. The Contractor agrees to.obtain and file with•the Board of Commissioners of the City of Paducah and keep in force while the aforesaid building is being constructed a liability policy or policies con- ditioned for the benefit of persons suffering injury, loss or damage to their perso or property resulting from any negligence in connection with the performance of sai work, or as a result of the negligence of the City of Paducah, its agents, servants and employees, and which policy or policies shall also protect the City against any liability which may be imposed upon it by reason of all work done in the constructi of said building. Said liability policy or policies shall be in a sum of not less than .';10,000 for the injury or death of any one person, amd not less than ,r 20,000 for the death pr injury of all persons affected by any one accident, and not less than ;'5,000 for the benefit of persons who may suffer property damage in any one accident resulting from the negligence of the contractor, his agents, servants and employees, or from any negligence on the pert of the city, its officers, agents and employees in connection with the performance of said construction work. Said polic 426 or policies of insruance shall as to the form thereof and the solvency of the insurance company be subject to the approval of the Corporation Counsel. (7) TINE FOR COMIENCING CONSTRUCTION. The work embraced in this contract shall be begun within ten (10) days after notification or acceptance by the City and carried on regularly and uninterruptedly thereafter with such force as is necessary to secure its full completion, but should the work be delayed or interrupted by the City, after service of notice of such delay or interruption, the Contractor will be entitled to an extension of time equal to the time of such interruption. (8) PAYbENT FOR LABOR. If at any time during the progress of said work, the Contractor shall fail or neglect to pay for labor performed upon this work, and the City shall have been notified, the City will have the power to lay for such labor out of amounts that may be due to said contractor, and in any such case, the City through the Architectural EBgineer, is hereby authorized and empowered to ascertain the amount or amounts due and owing to any laborer or laborers from said Contractor, in such manner and upon such proof as they may deem sufficient, and without giving any notice of such proceedings to said Contractor; and the amount or amounts so found by the City to be due to such laborer or laborers, shall be final and conclusive as against said Contractor, and may thereafter be paid by said City to such laborer or laborers. (9) PERFOREANCE BOND. The Contractor agrees to execute a performance bond with a corporate surety licensed to do business in the City of Paducah, State of Kentucky, in the sum of 100 per cent of the contract in accordance with the pro- visions of said bond contained in the resolution directing the City Nanager to advertise for bids for contracts enacted on June 19, 1951. (10) PAYD.EET FOR WORK. The City shall make payments on account of this contract as follows: On the 15th day of each month 90 percent of the value based on the Contract prices of labor and materials incprporated in the work and of materials suitably stored at the site thereof up to the 1st day of that month, as estimated by the brchitecturel Engineer, less the aggregate of previous payments; and upon sub- stantial completion of the entire work, a sum sufficient to increase the total payments to 80 per cent of the Contract price but all such payments shall be applied for to the Architectural Engineer on the lst day of the month and he shall issue a certificate for the amount he decides is properly due and will forward said certificate to the Board of Commissioners. No payment shell be made the Contractor until the Board of Commissioners have received and approved the certificates for payment as certified by said Architectural Engineer. Final r-y!2ent of the contract price shall be due 30 days after said construction is completed and accepted by the Board of Commissioners of the City of Paducah. (11) In the event of conflict between the terms of this contract and the specififations herein referred to the terms of this contract are controllin M hand shall govern the parties hereto. (12) It s agreed and the Contractor so warrants, that the work herein contracted for will be completed in accordance with the plans and specifications not later than 180 days from the date of this contract. IN WITNESS WHEREOF the 'Kayor of the City of Paducah, State of Kentucky, has hereunto set his hand on behalf of said city, said signature being attested by the City Clerk, and the Contractor has also hereunto set his hand and the City and the Contractor have executed this agreement in triplicate the day and year first above Iwritten, one copy being filed in the proceedings of the Board of Commissioners, one copy to be filed in the office of the City Engineer and the third copy to be delivered to the Contractor." IIATTESTED: �j City Clerk CITY OF PADUCAH, KENTUCKY BY I4ayor Contractor SECTION 3. The successful bidder at the same time the contract as provided for in Section 2 herein is executed shall execute with corporate surety licensed to do business in the City of Paducah and the State of Kentucky the following performance bond. B 0 N D "KNOW ALL ZIEN BY THESE PRESENTS, THAT we AS Principal, and Surety Company, with General Offices in organized under the laws of the State of •, a corporation and authorized to transact bus9ness in the STATE OF KENTUCKY as surety, are held and firmly bound unto the City pf , in the penal sum of _ (;e — ) Dollars, lawful money of the United States, in payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their successors and assigns, jpintly and severally, firmly by these presents. Signed, sealed and delivered this day of 1951. WHEREAS, said Principal has entered into a written contract with the Obligee dated constructing 19 , for furnishing material and labor and in accordance with the detailed plans and specifications on file in the office of the City Engineer of said city, a copy of which contract is attached hereto and made a hart hereof. NOW, THEREFORE, the conditions of the goregoing obligation is such that if the said Principal shall well and truly perform all the covenants and conditions of said contract on the part of said principal to be performed, then this obligation sh )e void; ptherwise to remain in full force and effect in law. IN TEM -'MONY WHEREOF, THE SAID Principal has caused these presents :o be executed in its name, and its corporate seal to be hereunto affixed by 428 its duly authorized officers, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its duly authorized agent the day and year first above w ritten. APPROVED - By SEAL Surety Company BY SEAL SECTION 4... Contractors bidding on the construction work herein contemplated shall do so on the following proposal form which shall be furnished said con- tractors by the City Manager. "TO THE CITY MANAGER CITY OF PADUCAH, KENTUCKY Having carefully examined the plans, specifications, contract and performance bond and being fully informed relative to the location, character and extent of the work to be performed in connection with the construction of the proposed fire station building, driveways and appurtenances thereunto as described and defined in said Plans and Specifications of G. Anthony Johnston, Architectural Engineer, the undersigned hereby proposed to furnish all tools, labor and equipment and to con- strmct said fire station building, driveways and appurtenances in accordance with said plans, specifications and contract for the following price: W ) Dollars. If this proposal is accepted it is understpod that the undersigned will execute a contract and performance bond provided for in a resolution passed by the Board of Commissioners on the 19th day of June, 1951, within five days from the date of notification by the City that said proposal has been accepted. Dated at Paducah, Kentucky, this day of _1951." SECTION 5. The City Lanager will advertise for bids for the aforesaid construction by posting a notice at the City Hall Door and by inserting notice of the request for bids in at least one issue of the Paducah Sun Democrat. The notice shall be posted at least seven days prior to the opening of bids and no bid shall be opened within ten days from the date on which this resolution is adopted. No bid shall be received after the hour fixed in the notice for the opening of bids. All bids received by the City f.;anager up to the time fixed in the notice for the opening of bids shall be filed with the Board of Commissioners who may accept the lowest a d best bid. The Board of Commissioners shall reserve the right to reject any and all bids and the city shall not become:legally obligated until the adoption of an ordinance authorizing execution of a contract. SECTION 6. This resolution shall be in full .force and effect from and after its adoption. Tda yp r• Passed by the Board of Commissioners June 19, 1951 Recorded by Sarah Thurman, City Clerk, June 19, 1951.